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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

FILED
Feb 23 2009, 9:23 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLANT: JEFFREY L. SANFORD South Bend, Indiana STANLEY F. WRUBLE, III South Bend, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ARTURO RODRIGUEZ II Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
LAMONT ALEXANDER BARR, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 71A03-0806-CR-298

APPEAL FROM THE ST. JOSEPH SUPERIOR COURT The Honorable Jerome Frese, Judge Cause No. 71D03-0710-MR-7

February 23, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Lamont Alexander Barr appeals his convictions for voluntary manslaughter as a class A felony,1 intimidation as a class C felony, 2 and his status as an habitual offender.3 Barr raises three issues, which we restate as: I. Whether the trial court abused its discretion by denying Barrs motion to sever the intimidation and murder charges; Whether the trial court erred by instructing the jury regarding voluntary manslaughter but denying Barrs proposed involuntary manslaughter instruction; and Whether the trial court erred by denying Barrs motion for a directed verdict on the intimidation charge.

II.

III.

We affirm. The relevant facts follow. On October 29, 2007, Barr was at a friends house when Angela Thompson came to visit him. Adrian Ivey was with Thompson but stayed in his truck while Thompson talked to Barr. Barr asked Thompson for a cigarette, but she did not have any cigarettes and went back to Iveys truck. Barr followed Thompson and asked Ivey, whom he did not know, for a cigarette. Ivey responded that he did not have any cigarettes, and Barr reached into the truck and attempted to grab a cigarette. Ivey exited the truck and told Barr to return the cigarettes. Barr denied having Iveys cigarettes, and Ivey started to pat down Barr and reach into Barrs pockets. Barr told Ivey to "back off" because "you dont know me like that." States Exhibit 20. Barr

1

Ind. Code

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